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HomeMy WebLinkAbout1990 01 04 Board of Adjustment Regular Minutes BOARD OF ADJUS1MENT MINUTES January 4, 1990 The meeting was called to order at 7: 05 P. M. BOARD MEMBERS: --'.~--_.._---~._~-- Harry Reid, Vice-Chairman, Present James Greene, Chairman, Present Richard Tiffany, Present Terri Donnelly, Present Tim Johnson, Present CI'IY OFFICIAL: D. LeBlanc, Land Dev. Coordinator Approval of Minutes of October 5, 1989: Greene asked if there were any comments or questions. There were no comments or questions. Minutes stand approved as presented. Request of Lawrence D. Cushing, Jr., for a Variance to Section 6-190, to Erect a Fence Greater Than Four (4) Feet in Height in Front of the Building Line. The Property is Zoned R-1AA (One-Family Dwelling District) and is Located at 680 Fisher Road: Greene read the section of the Code pertaining to the request. He stated that the Building Official has visited the area. He read a statement made by the Building Official which states that the variance should be granted for health ffi1d safety concerns and could not find any way the fence would interfere with vision and traffic in any way. Mr. Lawrence Cushing spoke on his request. He stated that he appreciated being able to put up a fence and explained the need for a higher than four foot fence. He explained that trash and bottles are thrown onto his property by passing vehicles and the safety concern for his children. Greene asked if there was anyone present to speak for or against this request. Car 1 Stephens spoke for the request and stated that he has not heard of any objections fronl the neighborhood against this request. David McLeod spoke for the request. He stated that no one in Dunmar Estates is in objection of this request. , Tiffany moved to grant the request of Mr. Cushing for a higher fence on the property. Seconded by Reid. Vote: All aye. Motion carried. Board of Adjusbnent Minutes January 4, 1990 Page 2 Request of Saraelena Rodriguez, for a Variance to Section 20-162, to OPerate a Child Day Care Center in the Former Winter Springs First Baptist Church Facilities. The Property is Zoned R-1AA (One-Family Dwelling District) and is ~ocated at 290 East Bahama Road: Greene read the section of the Code pertaining to the request. Ms. Rodriguez spoke on behalf of her request. She stated that there was a Day Care Center there for the past twelve years and plans to have a smaller operation than the one that was there. She also stated the age group would be from infants to age four. Mr. Santiago owner of the property spoke for the request. He stated that he purchased the property and is leasing the building to the Church for six months to hold their services. Reid asked if Mr. Santiago was aware of the zoning when he purchased the property. Mr. Santiago stated that he was aware of the zoning when he purchased the property. He stated that his niece Ms. Rodriguez, ~uld like to operate a small day care center in the area that the previous owners has the school. Reid stated that when the church owned the property it was a conditional use to have the school there. Now that this property is under different ownership this would be null. LeBlanc stated that he believes the new owners would have to apply again for a conditional use. Donnelly stated that the church operated a school on the property up to grade eight. Johnson asked how many children would there be at the day care center. Rodriguez stated that by HRS standards, she could have between 100 and 120 children. Also that if this variance is granted it ~uld take between 60 and 90 days for HRS to issue a license. Johnson asked about the landscaping on the property and about a fence. Santiago stated that he plans to landscape and have a fence. Greene asked if there was anyone present to speak for or against the request. Carl Stephens, Chairman of the Ranchlands Homeowner's Association spoke against the request. He stated that the homeowners are opposed to the granting of any var iance on this property. It does not conform to the character of the neighborhood; this is a very peaceful, country atmosphere. He stated that the traffic that would be coming and going from this operation would not improve the Board of Adjustment Minutes Page 3 January 4, 1990 dirt roads in the area. He stated that any variance should not be injurious to any neighborhood. He also stated that noise level should also be considered. Donnelly moved to table this decision until we can get some legal counciling, stating that she had a problem that there were not just church services, but a full fledged private school from kindergarten to eighth grade. She stated that the only difference would be in the age group. Motion died for lack of a second. Tiffany read what was allowed as a conditional use in that zoning, Section 20- 163 of the City code. There was discussion on the request. Reid moved to deny the request. Seconded by Tiffany. Vote: Johnson: nay; Reid: aye; Greene: aye; Tiffany: aye; Donnelly: nay. Motion carried. The meeting was adjourned at 7:30 P.M. Respectfully Subnitted, ~.~~ Marg~kins, Recording Board of Adjustment Secretary